Legal Question in Medical Malpractice in California
I went to Western Dental few months back to get some rooys canals done. I noticed something different about these root canals as I had one done before at dentist years back. Well Western Dental put metal rods in my gums, which is different from my previous root canal now I was suppose to get more work done by Western Dental but didnt go back because they put me in serious.pain and when I complained they injected bleach in my gums and then they used a tool to shove in my gums where they were doing the canal but I noticed alot if pressure in my jaw well now I have a.bulge in.my jaw line I cannot chew on my right side let alone brush as needed because of the pain and I have metal taste in my mouth. I plan to get a second opionion from another dentist to see how.much damages they caused and being that I had no insurance I was paying out of pocket and still have to pay for work I will not allow I went to them so they can help me teeth not make it worse now Im walking around looking like I shoved cotton.in my mouth. PLEASE HELP!!!
3 Answers from Attorneys
Sorry to hear about your troubles. You have the right idea about getting a second opinion. However, before you do, make sure to get your complete records along with all x-ray films from Western Dental. If the second doctor criticizes the care at WD and states the "care was below the standard" then feel free to contact my office for consultation regarding potential suit. Good luck.
Your complaints indicate that the root canal or root canals performed at Western Dental may have caused a perforation of your tooth. Bleach is a cleaning disinfectant that is used to cleanse inside the tooth during the root canal procedure. If the bleach gets outside of the tooth into your gum or soft tissue it can cause trauma to the tissue. You need to immediately get a second opinion and have another dentist take radiographs of the teeth. I am not a dentist but you may have either an infection or a tissue response to the bleach. Either way, you need to immediately go to another dentist as the longer you wait the more potential for damage. Western Dental may take a long time to get you your records. Your new dentist can request radiographs from Western Dental and you may get them sooner. You can contact me regarding any other questions 310-496-5722. If I am not in, please leave a message and I will return the call.
If you are claiming medical/dental malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating dentist[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Feel free to contact me if serious about getting counsel and pursuing this. I've been doing these cases for over 35 years.Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.
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